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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110466
Experience:  20+ Years of Employment Law Experience
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I am a disabled veteran who has been with my company, a union

Customer Question

I am a disabled veteran who has been with my company, a union company, for 20 years with an excellent and high praised service. I haven't caused any problems and just did my job the best that I could. In January of 2016, I requested an accommodation under ADA, a simple fix, and was rejected(have letter of rejection. I am a Truck Driver for the Company and requested an automatic transmission type semi(the company has recently added them to our fleet), My doctor has signed off for an automatic to help reduce my dependence on medication for pain and Inflammation. not only will my company not make any effort to help,they have started calling and harassing me during my off time, Intimidating me, surprised me with an alcohol and drug screen, and flat out refusing me any access to an automatic. I am frightened of losing my job as I have 4 dependents to care for. Do I now need an Attorney before going to file a complaint with EEOC?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the company has automatic trucks in your fleet and you have documented a permanent disability and the automatic truck would allow you to perform your job, then the denial of that accommodation would be deemed unreasonable and a violation of the ADA.
You do not need an attorney to file a complaint with the ADA. The surprise tests would also be part of your claim, since that can be deemed retaliation and harassment. If your union is not assisting on this matter, your union is in breach of contract and committing an unfair labor practice for which you could also pursue a complaint against your union to the national labor relations board in addition to your ADA violation against your employer.

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